Nand Lal Gaba v. Sarabjit Kaur Thr Lrs & ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 129/2015 and CM. APPL. 4601/2015 NAND LAL GABA ..... Petitioner Through Mr. Aly Mirza and Mr. Kulish Tanwar, Advocates versus SARABJIT KAUR THR LRS & ORS ..... Respondents Through Mr. Manuj Aggarwal, Advocate

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 03.03.2016 The order impugned before this Court is the order dated 19.09.2014. The Additional Rent Controller had dismissed the application seeking leave to defend filed by Respondent No. 1. Although an application seeking leave to defend had admittedly been filed by Respondent No. 2 which was within the stipulated period of 15 days, the impugned order did not make any reference to this application seeking leave to defend filed by Respondent No.2. This position stands admitted.

Accordingly, the impugned judgement dated 19.09.2014 is set aside. Matter is remanded back to the Trial Court to decide the pending application seeking leave to defendant filed by Respondent No.2.

List before learned Additional Rent Controller on 06.04.2016.

The Trial Court shall endeavour to dispose of the application expeditiously as this Court notes that the application seeking leave to defend had been filed by Respondent No.2 way back on 09.02.2010. With these directions petition disposed of.

INDERMEET KAUR, J MARCH 03, 2016 gb